I finally consented,
and deferred my departure.
Soon after the opening of the court, some time during the first week,
the case of Captain Sutter was called. A preliminary motion, made by
his attorney, was decided against him. Mr. Jesse O. Goodwin, a member
of the bar, sitting near, said to me that the practice act, passed
at the recent session of the Legislature, contained a section
bearing upon the question; and at the same time handed me the act.
I immediately rose, and addressing the court, remarked that I was
informed there was a statutory provision applicable to the point, and
begged permission to read it; and commenced turning over the pages
of the act in search of it, when Judge Turner, addressing me and
apparently irritated, said in a petulant manner;--"The court knows
the law--the mind of the court is made up--take your seat, sir." I was
amazed at hearing such language; but in a respectful and quiet manner
stated that I excepted to the decision, and appealed, or would appeal
from the order. The Judge instantly replied, in a loud and boisterous
manner, "Fine that gentleman two hundred dollars." I replied quietly,
"Very well," or "Well, sir." He immediately added, in an angry tone,
"I fine him three hundred dollars, and commit him to the custody of
the sheriff eight hours." I again replied, "Very well." He instantly
exclaimed, in the same violent manner, "I fine him four hundred
dollars and commit him twelve hours.
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